ML20153H690

Philadelphia Electric Co Consented to Motion for 60-day Extension to Respond to Commonwealth of PA Contentions.* Certificate of Svc Encl

ML20153H690
Person / Time
Site:	Peach Bottom
Issue date:	09/01/1988
From:	Irwin D HUNTON & WILLIAMS, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Atomic Safety and Licensing Board Panel
References
CON-#388-7014 88-569-06-OLA, 88-569-6-OLA, OLA, NUDOCS 8809120009
Download: ML20153H690 (4)

Text

_ _ _ _ _ _ _ _ _ _ _ _ _ - _

rfd/

September 1,1988 UNITED STATES OF AMERICA DN NUCLEAR REGULATORY COMMISSION 0 3W Before the Atomic Safety and Licensing Board SEP -6 P4 :40 QFF!C'_ 't . , v in the Matter of ) $;["'M f PHILADELPHIA ELECTRIC COMPANY No. 50-277 & 50-278 '

) ASLBP No. 88-569-06-OLA (Peach Bottom Atomic Power Station, )

Units 2 and 3) )

PHILADELPillA ELECTRIC COMPANY'S CONSENTED-TO MOTION FOR A 60-DAY EXTENSION TO RESPOND TO COMMONWEALTH OF PENNSYLVANIA'S CONTENTIONS Philadelphia Electric Company hereby requests a 60-day extension, to November 7,1988, of its deadline to respond to the "Supplement to Petition and Statement of Con-tentions of the Commonwealth of Pennsylvania," filed with this Board on August 24, 1988 by first-class mall. PE's reply would otherwise be due on September 8,1988. In support of this motion, PE states as follows:

1. The Licensing Board activated this proceeding by order dated April 8,1988, which required the Commonwealth of Pennsylvania to file its proposed contentions by April 25,1988,

2. In a series of ec..sented-to motions for extension filed by the Common-wealth of Pennsylvania, the Commonwealth's deadline for filing contentions was ex-tended to August 24, 1988, lhe reasons for these extensions were the expectatinn and conduct of a process of negotiation between PE and the Commonwealth, intended to l

narrow or perhaps climinate the Commonwealth's bases of opposition to restart of Peach Bottom. Discussions and exchanges of documents relevant to them have been in progress since late spring.

1 h$fD$

O

?

CSDJ

o

.g.

i

3. These negotiations are still in progress. On August 8,1988, the Common-wealth submitted to PE a series of written proposals to which PE expects to reply shortly. These proposals encompass, among other things, matters contained within most if not all of the seven contentions filed by the Commonwealth on August 24.

4. PE believes that the likelihood of success of these negotiations will be ma-terially aided if it is not forced to have already oleaded a formal position in response to those contentions before negotiations continue further.

5. PE believes that the progress of the ongoing negotiations with the Com-monwealth will have developed materially within 60 days from the present date. Ac-cordingly, PE requests that the deadline for its response to the Commonwealth's con-tentions be extended by 60 days, to November 7,1988.

6. PE has been authorized by Richard P. Mather, Esq., one of counsel to the Commonwealth, to state that the Commonwealth does not object to the relief sought by this motion. PE has also been authorized by Ann P. Hodgdon, Esq., one of counsel to the NRC Staff, to state that the Staff does not object to the relief sought by this mo-tion, so long as the Staff receives a comparable extension.

WHEREFORE, Philadelphia Electric Company requests that the deadline for its response to the Commonwealth of Pennsylvania's August 24, 1988 contentions be ex-tended by 60 days, to November 7,1988.

Respectfully submitted, Y g4 George C. Freeman, Jr.

Donald P. Irwin Counsel for Philadelphia Electric Company Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond. Virginia 23212 i

6 ,

4

• i Of Counsel:

William T. Coleman, Jr., Esq.

John H. Beisner. Esq.

O'Melveny & Myers 555 - 13th Street, N.W.

Washington, D.C. 20004  ;

Eugene J. Bradley, Esq.

Philadelphia Electric Company 2301 Market Street Philadelphla PA 19101 DATED: September 1.1988 l i

t I

i t

[

Sept:mber 1,1988 CERTIFICATE OF SERVICE Nc q n :

Uy W In the Matter of PHILADELPHIA ELECTRIC COMPANY 88 SEP -6 P4 40 (Peach Bottcm Atomic Power Station, Un!ts 2 and 3)

Docket Nos. 50-277-OLA and,50-278-OLA . r s ':: . ,. , ,

GCMW i. y, ,n, ;d' IRAh(L I hereby certify that copies of PHILADELPHIA ELECTRIC COMPA NY'S I CONSENTED-TO MOTION FOR A 60-DAY EXTENSION TO RESPOND TO COMMON-WEALTil OF PENNSYLVANIA'S CONTENTIONS were served this date upon the follow-ing by Fedetul Express, as indicated by an asterisk, or by first-class mall, postage pre-paid.

John H. Frye, !!!, Chairman

• Atomic Safety and Licensing t Atomic Safety and Licensing Board Appeal Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission East-West Towers Washingtor., D.C. 20555 4350 East-West Highway Bethesda, MD 20814 Adjudicatory File Atomic Safety and Licensing Glenn O. Bright

• Board Panel Docket Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 East-West Towers 4350 East-West Highway Morey M. Myers, Esq.

• Bethesda, MD 20814 General Counsel Commonwealth of Pennsylvania  ;

Richard F. Cole

• Office of General Counsel Atomic Safety and Licensing Board P.O. Box 11775 2

U.S. Nuclear Regulatory Commission Harrisburg, PA 17108 East-West Towers 4350 East-West Highway Ann P. Hodgdon, Esq.

• Bethesda, MD 20814 U.S. Nuclear Regulatory Commission Office of the General Counsel Secrotary of the Commission One White Flint North Atrention Docketing and Service 11555 Rockville Pike Section Rockville, MD 20814 U.S. Nuclear Pegulatory Commission 1717 H Street, N.W. Jay Gutierrez, Esq.

• Washington, D.C. 20555 Regional Counsel U.S. Nuclear Regulatory Commission Region !

475 Allendale Road King of Prussia, PA 19406 a(Sk Donald P. Irwin

!!unton & Williams 707 East Main Street l P.O. Box 1535 Richmond, Virginia 23212 l DATED: September 1,1988 i